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In forceUpdated to 15 Oct 2020
Contents

Chapter 3 · Forfeiture

234. Power of forfeiture

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(1)

Every lease, sublease or tenancy exempt from registration, whether granted before or after the commencement of this Act, shall, subject to any express provision therein to the contrary, be liable to forfeiture if the lessee, sublessee or tenant for the time being—

(a)

breaches any of the provisions thereof, express or implied;

(b)

is adjudicated bankrupt; or

(c)

being a company, goes into liquidation.

(2)

The forfeiture of any lease, sublease or tenancy may be enforced by the person or body for the time being entitled to the reversion thereon either by re-entry onto the land or by action in the Court, but subject in the former case to the provisions of any other written law for the time being in force.

(3)

Where any lease, sublease or tenancy has become liable to forfeiture for breach of any of the provisions thereof, the acceptance by the person or body for the time being entitled to the reversion thereon of any rent falling due after the date of the breach, or the doing by that person or body of any other act showing an intention to treat the lease, sublease or tenancy as still subsisting, shall, unless that person or body was not at the time aware of the breach, and could not by reasonable diligence have been so aware, constitute a waiver of the right of forfeiture:

Provided that this subsection shall not apply to anything done after the commencement of any action for forfeiture.

Report

Chapter 4

Determination of leases and tenancies

Chapter 1

Creation of charges, and general provisions relating thereto

Chapter 2

Implied provisions

Chapter 3

Remedies of chargees: Sale

Chapter 4

Remedies of chargees: Possession

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules